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HomeMy WebLinkAbout2013-100 Planning - Legacy Research Associates for Archaeological Study $7,000 alil.3 - Boa [Departmental Use Only] TITLE Detailed C&A BM Ph2 FY 2013 ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT, made and entered into this 15th day of April, 2013, ("Effective Date") by and between Orange County, North Carolina, a body politic and corporate organized under the laws of the State of North Carolina, (the "County"), party of the first part; and Legacy Research Associates (the "Provider"), party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: A phase 2 archaeological investigation at a site along the route for the Buckhorn Mebane Phase 2 Utilities project as outlined in the attached scope of work,"Phase 2 Archaeological Investigations at Site 12 -Buckhorn-Mebane EED Phase 2". The scope of work includes any clearing necessary to conduct the phase 2 investigation. The term of this agreement rendered shall be from April 15, 2013 to May 10, 2013. Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS 1. Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement. The amount to be paid by the County shall not exceed Seven Thousand Dollars, ($7,000.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same, nor shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or workers' compensation purposes. The Provider understands that neither federal, nor state, nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Provider or the employees of the Provider. Revised July 2010 I 4. Insurance: The Provider shall obtain, at its sole expense, all insurance needed to adequately insure itself during the performance of these services as required by the County's Risk Management Policy. 5. Indemnity: The Provider agrees to defend, indemnify, and hold harmless Orange County from all losses, liabilities, claims, demands, suits, costs, damages or expenses (including reasonable attorney's fees) arising from bodily injury, including death, to any person or persons or damage to or destruction of any property caused in whole or in part by any negligent or intentional act or omission on the part of the Provider. 6. Termination: This Agreement may be terminated at any time by mutual written agreement of the parties or by the County upon written notice to the Provider. 7. Entire Agreement: The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signature. 8. Governing Law: Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. Should either party initiate litigation to settle any dispute involving the terms of this Agreement such litigation shall be initiated in the General Court of Justice of North Carolina seated in Orange County,North Carolina. 9. Non Appropriation: Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability and non-appropriation of public funds. IN WITNESS WHEREOF,Orange County and the Provider have signed this Agreement, effective as of the day first written above. O PROVIDER B77Mana By: Ctr Title: � —� 200 S. Cameron Legacy Research Associates P.O. Box 8181 125 West Woodridge Drive Hillsborough,NC 27278 Durham,NC 27707 This in ent has been a oved as to technical content. Craig BqlAdict,Depa ment irector This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Office of the Finance Director This instrument has been approved as to form and legal sufficiency. Revised July 2010 2 Office of the C ty Attorney Revised July 2010 3 Phase 2 Archaeological Investigations at Site 12 -Buckhorn-Mebane EED Phase 2 The next level of investigation following the identification of an archaeological site during a field survey and finding it to be potentially eligible for the National Register of Historic Places is archaeological testing (Phase 2). Testing involves excavating additional shovel tests at closer intervals to better define the structure of the site and the excavation of several larger (minimum of 3 feet by 3 feet) test units to determine the site stratigraphy, to gather additional artifacts for dating and functional analysis, and to determine the site's state of preservation. The goal of Phase 2 testing is to determine a site's eligibility for the NRHP (either eligible or ineligible) and not to exhaust the research potential of a site. Conditions required for Phase 2 investigations: 1. Marking or flagging of the final alignment (Sheet No. W2.6) to ensure that the investigations are conducted within the project area of potential effects. 2. Continued permission from the property owner to access the site area by using the newly graded road. 3. Since Site 12 is located in an area with thick secondary growth, more intensive investigations would require permission to clear vegetation from large areas (10 ft by 10 ft) near each test unit in order to have access to excavation areas and to have sufficient clearance to conduct the excavation. Some clearing may be required on private property that lies outside the limits of disturbance to provide access to the area of investigation. Phase 3 Mitigation at Site 12- Buckhorn-Mebane EED Phase 2 If Phase 2 investigations at Site 12 determined that it is eligible for listing on the National Register of Historic Places, then a recommendation for mitigation (Phase 3) could include one or more of the following: 1. Traditional Mitigation: excavation of additional test units (data recovery) to recover sufficient data to address relevant archaeological research questions. 2. Creative Mitigation: suggested options follow. L Monitoring Construction requires the presence of an on-site archaeologist during the earth-moving portions of a project. Monitoring involves close scrutiny of newly exposed soils in order to identify significant cultural resources. The archaeological monitor keeps detailed field notes and takes photographs throughout the earth-moving activities. If the archaeologist detects artifacts or archaeological features that may be significant, he or she stops work in the area until documentation is complete. ii. Specialized Analysis of Cultural Material requires analysis of recovered artifacts to specialist researchers, such as a University-based Archaeological Research Laboratory with experience and equipment for analyzing prehistoric tool technologies of the Eastern Woodlands including microscopic analysis that identifies traces of wear on the edge of a stone tool that are often distinctive hints to the actual use of the tool. iii. Educational Outreach requires publication and dissemination of the cultural resource management work for the project that would illustrate Orange County's responsibilities and underscore its commitment to the preservation of cultural resources. It would also serve as an information tool for cultural resource professionals and the public to showcase Orange County's dedication to protecting cultural resources. Educational outreach would become a component of Orange County's website and would also be distributed in digital format to local schools, senior centers, libraries, historical societies, and professional and civic groups.